Wrongful Death Claims
In the unfortunate circumstance where a person or product wrongfully causes a death, Ohio Law allows for the deceased person’s next of kin to make a claim for the damages suffered as a result. For example, wrongful death claims may result from a car collision that kills someone, or from defective products causing a death such as mesothelioma cancer caused by asbestos exposure.
In Ohio only the person appointed by the appropriate probate court to handle a deceased person’s estate (the administrator or executor) may pursue such a claim for wrongful death. That administrator/executor is responsible for resolving any such claim. The administrator/executor pursues the wrongful death claim for the exclusive benefit of the surviving spouse, children, and/or other next of kin of the deceased person. There are Ohio statutes in place that control these situations, setting forth who may recover and for what (See Ohio Revised Code Sections 2125.01, 2125.02). All distributions of monies recovered in a wrongful death claim must be approved by the appropriate probate court.
R. Bryan Nace has over 25 years experience handling wrongful death claims. Our office can assist you and advise you regarding pursuing a wrongful death claim in civil and probate court. Do not hesitate to contact our office if we can be assistance.